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A Pamphlet of Original Documi 



OF 



United States History 

Edited With Notes 



BY 



E.G. FOSTER. 



Copyrighted by E. Q. Foster, 1906. 



PUBLISHED BY 

Historical RcilbllsHlng Co 

TOPEKA, KANSAS. 



•♦ 



A Pamphlet of Original Documents 



OF 



United States History 



Edited With Notes 



BY 



E. Q. FOSTER. 



Copyrighted by E. Q. Foster, 1906. 



PUBLISHED BY 

Historical PulbnsHing Co., 

TOPEKA, KANSAS. 



Two Copies Received 

NOV 19 1906 

Cepyrleht Entry 
A^»v. 8. f9 0L 
CLASS cc XXc, No 

/ d 0/ / h^ 
COPY B. 






PREFACE. 



It is now generally conceded that high school and norm- 
al school students should do some work with the source 
method in the study of U. S. history. With rare exceptions 
but little has been accomplished in this line below collegiate 
courses, owing to the difficulty in placing material within 
reach of the pupils. It is next to impossible to have all 
pupils in a class use the source material at the command 
of most high schools, without the loss of a great amount of 
time which must be taken from a course of study already 
crowded to the limit. A few pupils in all classes can read- 
ily find access to original documents, the majority cannot. 

This pamphlet is prepared to afford, at a small cost, an 
opportunity for any pupil to study in original form a few 
documents bearing upon the important events of history. 

Some prominence has been given to financial documents 
for the reason that the financial question has been and al- 
ways will continue to be one of the great problems for solu- 
tion by nations and individuals, and most school text books 
treat the subject inadequately or indefinitely. 

Selection has been made only of such material as is of 
vital importance. Xo pretension is made to give anything 
new, rare, or, to give a great variety of documents. An 
acquaintance with a few of the source documents may culti- 
vate a taste or create a desire for a more extended course 
of study of such material which forms the basis of all sound 
historical knowledge. 
Topeka, Kan., June, 1906. E. G. Foster. 



Treaty of Paris, 1783. 3 

Treaty of Paris, Sept. 3, 1783. 

The provisional treaty of peace was signed at Paris, November 
30, 1782. A cessation of hostilities was declared January 20, 1783, 
and the definitive treaty signed September 3, 1783. 

In the name of the Most Holy and Undivided Trinity. 

It having pleased the Divine Providence to dispose the hearts of 
the most sere\ie and most potent Prince George the Third, by the 
Grace of God, King of Great Britain, France, and Ireland, Defender 
of the Faith, Duke of Brunswick and Luneberg, Arch-Treasurer 
and Prince Elector of the Holy Roman Empire, &ca., and of the 
United States of America, to forget all past misunderstandings and 
differences that have unhappily interrupted the good correspondence 
and friendship which they mutually wish to restore ; and to establish 
such a beneficial and satisfactory intercourse between the two coun- 
tries, upon the ground of reciprocal advantages and mutual conven- 
ience, as mav promote and secure to both perpetual peace and har- 
monv: And" having for this desirable end already laid the founda- 
tion "of peace and reconciliation, by the provisional articles, signed at 
Paris, on the 30th of Nev'r, 1782, by the commissioners empowered 
on each part, which articles were agreed to be inserted in and to 
constitute the treaty of peace proposed to be concluded between the 
Crown of Great Britain and the said United States, but which treaty 
was not to be concluded until terms of peace should be agreed upon 
between Great Britain and France, and His Britanic Majesty should 
be ready to conclude such treaty accordingly; and the treaty be- 
tween Great Britain and France having since been concluded. His 
Britanic Majesty and the United States of America, in order to 
carry into full effect the provisional articles above mentioned, ac- 
cording to the tenor thereof, have constituted and appointed, that 
is to say. His Britanic Majesty on his part, David Hartley, esqr., 
member of the Parliament of Great Britain; and the said United 
States on their part, John Adams, esqr., late a commissioner of the 
United States of America at the Court of Versailles, late Delegate 
in Congress from the State of Massachusetts, and chief justice of 
the said State, and Minister Plenipotentiary of the said United 
States to their High Mightinesses the States General of the United 
Netherlands; Benjamin Franklin, esqre, late Delegate in Congress 
from the State of Pennsylvania, president of the convention of the 
said State, and Minister Plenipotentiary from the United States of 
America at the Court of Versailles ; John Jay, esq're, late president 
of Congress, and chief justice of the State of New York, and Min- 
ister Plenipotentiary from the said United States at the Court of 
Madrid, to be the Plenipotentiaries for the concluding and signing 
the present definitive treaty; who, after having reciprocally commu- 
nicated their respective full powers, have agreed upon and con- 
firmed the following articles: 

Article I. — His Britanic Majesty acknowledges the said 
United States, viz. New Hampshire, Massachusetts Bay, 
Rhode Island, and Providence Plantations, Connecticut, 



4 Treaty of Paris, 1T83. 

New York, Xew Jersey, Pennsylvania, Delevvare, Maryland, 
Virginia, North Carolina, South Carolina, and Georgia, to 
be free, sovereign and independent States ; that he treats 
with them as such, and for himself, his heirs and successors, 
relinquishes all claims to the Gove/nment. propriety and ter- 
ritorial rights of the same, and every part thereof. 

Article II. And that all disputes which might arise in 
future, on the subject of the boundaries of the United 
States may be prevented, it is hereby agreed and declared, 
that the following are, and shall be their boundaries, viz : 
From the northwest angle of Nova Scotia, viz. that angle 
which is formed by a line drawn due north from the source 
of Saint Croix River to the Highlands ; along the said High- 
lands which divide those rivers that empty themselves into 
the river St. Lawrence, from those w^iich fall into the At- 
lantic Ocean, to the northwesternmost head of Connecticut 
River ; thence down along the middle of that river, to the 
forty-fifth degree of north latitude ; from thence, by a line 
due west on said latitude, until it strikes the river Iroquois"^' 
or Cataraquy ; thence along the middle of said river into 
Lake Ontario, through the middle of said lake until it 
strikes the communication by water between that lake and 
Lake Erie ; thence along the middle of said communication 
into Lake Erie, through the middle of said lake until it 
arrives at the water communication between that lake and 
Lake Huron ; thence along the middle of said water com- 
munication into the Lake Huron ; thence through 
the middle of said lake to the water communica- 
tion between that lake and Lake Superior ; thence through 
Lake Superior northward of the Isles Royal and Pheli- 
peaux. to the Long Lake'''*, thence through the middle of 
said Long Lake, and the water communication between it 
and the Lake of the Woods, to the said Lake of the Woods ; 
thence through the said lake to the most northwestern point 
thereof, and from thence on a due west course to the river 
Mississippi ; thence by a line to be drawn along 
the middle of the said river Mississippi until it shall 
intersect the northernmost part of the thirty-first degree of 
north latitude. South, by a line to be drawn due east from 
the determination of the line last mentioned, in the latitude 

*St. Lawrence river. 
**Rainy Lake. 



Treaty of Paris, 1783. 5 

of thirty-one degrees north of the Equator, to the middle 
of the river Apalachicola or Catahoiiche* ; thence along the 
middle thereof to its junction with the Flint River ; thence 
straight to the head of St. Mary's River ; and thence down 
along the middle of St. Mary's River to the Atlantic Ocean. 
East, by a line to be drawn along the middle of the river 
St. Croix, from its mouth in the Bay of Fundy to its source, 
and from its source directly north to the aforesaid High- 
lands, which divide the rivers that fall into the Atlantic 
Ocean from those which fall into the river St. Lawrence ; 
comprehending all islands within twenty leagues of any part 
of the shores of the United States, and lying between lines 
to be drawn due east from the points where the aforesaid 
boundaries between Nova Scotia on the one part, and East 
Florida on the other, shall respectively touch the Bay of 
Fundy and the Atlantic Ocean ; excepting such islands as 
now are, or heretofore have been, within the limits of the 
said province of Nova Scotia. 

Article III. It is agreed that the people of the United 
States shall continue to enjoy unmolested the right to take 
fish of every kind on the Grand Bank, and on all the other 
banks of Newfoundland ; also in the Gulph of Saint Law- 
rence, and at all other places in the sea where the inhabi- 
tants of both countries used at any time heretofore to fish. 
And also that the inhabitants of the United States shall have 
liberty to take fish of every kind on such part of the coast 
of Newfoundland as British fisherman shall use (but not to 
dry or cure the same on that island) and also on the coasts, 
bays, and creeks of all other of His Britanic Majesty's do- 
minions in America ; and that the American fishermen shall 
have liberty to dry and cure fish in any of the unsettled 
bays, harbours, and creeks of Nova Scotia, Magdalen 
Islands, and Labrador, so long as the same shall remain 
unsettled ; but so soon as the same or either of them shall 
be settled, it shall not be lawful for the said fishermen to 
dry or cure fish at such settlement, without a previous agree- 
ment for that purpose with the inhabitants, proprietors, or 
possessors of the ground. 

Article IV. It is agreed that creditors on either side 
shall meet with no lawful impediment to the recovery of the 

*Chattahouchee river. 



G Treaty of Paris, 1783. 

full value in sterling money, of all bona fide debts hereto- 
fore contracted. 

Article V. It is agreed that the Congress shall earn- 
estly recommend it to the legislatures of the respective 
States, to provide for the restitution of all estates, rights, 
and properties which have been confiscated, belonging to 
real British subjects, and also of the estates, rights, and pro- 
perties of persons resident in districts in the possession of 
His ^Majesty's arms, and who have not borne arms against 
the said United States. And that persons of any other de- 
scription shall have free liberty to go to any part or parts 
of any of the thirteen United States, and therein to remain 
twelve months, unmolested in their endeavours to obtain the 
restitution of such of their estates, rights, and properties as 
may have been confiscated ; and that Congress shall also 
earnestly recommend to the several States a reconsideration 
and revision of all acts or laws regarding the premises, so 
as to render the said laws or acts perfectly consistent, not 
only with justice and equity, but with that spirit of concil- 
iation which, on the return of the blessings of peace, should 
universally prevail. And that Congress shall also earnestly 
recommend to the several States, that the estates, rights, 
and properties of such last mentioned persons, shall be re- 
stored to them, they refunding to any persons who may be 
now in possession, the bona fide price (where any has been 
given) which such persons may have paid on purchasing 
any of the said lands, rights, or properties, since the confis- 
cation. And it is agreed, that all persons who have any in- 
terest in confiscated lands, either by debts, marriage settle- 
ments, or otherwise, shall meet with no lawful impediment 
in the prosecution of their just rights. 

Article VI. That there shall be no future confiscations 
made, nor any prosecutions commenc'd against any person 
or persons for, or by reason of the part which he or thev 
may have taken in the present war; and that no person 
shall, on that account, suffer any future loss or damage, 
either in his person, liberty, or property ; and that those who 
may be in confinement on such charges, at the time of the 
ratification of the treaty in America, shall be immediately 
set at liberty, and the prosecutions so commenced be discon- 
tinued. 

Article Vll. There shall be a firm and perpetual peace 



Treaty of Paris, 1783. * 7 

between His Britanic Majesty and the said States, and be- 
tween the subjects of the one and the citizens of the other, 
wherefore all hostilities, both by sea and land, shall from 
henceforth cease : All prisoners on both sides shall be set at 
liberty, and His Britanic Majesty shall, with all convenient 
speed, and without causing any destruction, or carrying 
away any negroes or other property of the American in- 
habitants, withdraw all his armies, garrisons, and fleets 
from the said United States, and from every port, place, 
and harbor within the same ; leaving in all fortifications the 
American artillery that may be therein : And shall also or- 
der and cause all archives, records, deeds, and papers, be- 
longing to any of the said States, or their citizens, which, in 
the course of the war, may have fallen into the hands of his 
officers, to be forthwith restored and delivered to the proper 
States and persons to whom they belong. 

Article VHI. The navigation of the river Mississippi, 
from its source to the ocean, shall forever remain free and 
open to the subjects of Great Britain, and the citizens of 
the United States. 

Article IX. In case it should so happen that any place 
or territory belonging to Great Britain or to the United 
States, should have been conquered by the arms of either 
from the other, before the arrival of the said provisional 
articles in America, it is agreed, that the same shall be re- 
stored without difficulty, and without requiring any com- 
pensation. 

Article X. The solemn ratifications of the present 
treaty, expedited in good and due form, shall be exchanged 
between the contracting parties, in the space of six months, 
or sooner if possible, to be computed from the day of the 
signature of the present treaty. In witness whereof, we the 
undersigned, their Ministers Plenipotentiary, have in their 
name and in virtue of our full powers, signed with our 
hands the present definitive treaty, and caused the seals of 
our arms to be affixed thereto. 

Done at Paris, this third day of September, in the year 
of our Lord one thousand seven hundred and eighty-three. 

D. Hartley, (l. s.) 
John Adams, (l. s.) 
B. Franklin, (l. s.) 
John Jay. (l. s.) 



8 Ordinance of 1787. 

Ordinance of 1787. 
July 13. 

The Virginia delegates in Congress executed a deed March i, 
1784, ceding to the United States, all her claims to the northwestern 
territory. Congress provided a temporary government for the terri- 
tory, April 22>. 1784, and on the 23rd of July, 1787 it passed the 
Ordinance which has' since become famous. 

By Act of August 7, 1789, Congress extended its provisions to 
continue in effect under the constitution. In May 25, 1790, the main 
provisions of the Ordinance were extended to the "Territory south 
of the Ohio." 

An Ordinance for the government of the territory of the 
United States northzvest of the river Ohio. 
Section 1. Be it ordained by the United States in Con- 
gress assembled, That the said territory, for the purposes of 
temporary government, be one district, subject, however, to 
be divided into two districts, as future circumstances may, 
in the opinion of Congress, make it expedient. 

;|; ;|; ;;< ^ ^ ^ jf: 

Sec. 14. It is hereby ordained and declared, by the au- 
thority aforsaid, that the following articles shall be con- 
sidered as articles of compact, between the original States 
and the people and States in the said territory, and forever 
remain unalterable, unless by common consent, to wit: 

Article I. No person, demeaning himself in a peaceable 
and orderly manner, shall ever be molested on account of 
his mode of worship, or religious sentiments, in the said 
territories. 

Art. II. The inhabitants of the said territory shall always 
be entitled to the benefits of the writ of habeas corpus, and of 
the trial by jury ;of a proportionate representation of the peo- 
ple in the legislature, and of judicial proceedings according 
to the course of common law. All persons shall be bailable, 
unless for capital offences, where the proof shall be evident, 
or the presumption great. All fines shall be moderate ; and 
no cruel or unusual punishments shall be inflicted. No man 
shall be deprived of his liberty or property, but by the judg- 
ment of his peers, or the law of the land, and should the 
public exigencies make it necessary, for the common pre- 
servation, to take any person's property, or to demand his 
particular services, full compensation shall be made for the 
same. And, in the just preservation of rights and property, 
it is understood and declared, that no law ought ever to be 



Ordinance of 1787. 9 

made or have force in the said territory, that shall, in any 
manner whatever, interfere with or affect private contracts, 
or engagements, botia fide, and without fraud previously 
formed. 

Article III. Religion, morality, and knowledge being 
necessary to good government and the happiness of man- 
kind, schools and the means of education shall forever be 
encouraged. The utmost good faith shall always be observ- 
ed towards the Indians ; their lands and property shall never 
be taken from them without their consent ; and in their 
property, rights, and liberty they never shall be invaded or 
disturbed, unless in just and lawful wars authorized by 
Congress ; but laws founded in justice and humanity shall, 
from time to time, be made, for preventing wrongs being 
done to them, and for preserving peace and friendship with 
them. 

Article IV. The said territory, and the States which 
may be formed therein, shall forever remain a part of this 
confederacy of the United States of America, subject to the 
Articles of Confederation, and to such alterations therein as 
shall be constitutionally made : and to all acts and ordin- 
ances of the United States in Congress assembled, con- 
formable thereto. The inhabitants and settlers in the said 
territory shall be subject to pay a part of the Federal debts, 
contracted, or to be contracted, and a proportional part of 
the expenses of government to be apportioned on them by 
Congress, according to the same common rule and measure 
by which apportionments thereof shall be made on the other 
States ; and the taxes for paying their proportion shall be 
laid and levied by the authority and direction of the legis- 
latures of the district, or districts, or new States, as in the 
original States, within the time asrreed upon by the United 
States in Congress assembled. The legislatures of those 
districts, or new States, shall never interfere with the prim- 
ary disposal of the soil by the United States in Congress 
assembled, nor with any regulations Congress may find nec- 
essary for securing the title in such soil to the bojia fide pur- 
chasers. No tax shall be imposed on lands the property of 
the United States ; and in no case shall non-resident prop- 
prietors be taxed higher than residents. The navigable 
waters leading into the Mississippi and Saint Lawrence, and 
the carrying places between the same, shall be common 



10 Extract From Coinage Act, 1792. 

highways, and forever free, as well to the inhabitants of 
the said territory as to the citizens of the United States, and 
those of any other States that may be admitted into the con- 
federacy, without any tax, impost, or duty therefor. 

Article V. There shall be formed in the said territory 

not less than three nor more than five States 

(Boundaries for proposed divisions.) 

Article VI. There shall be neither slavery nor invol- 
untary servitude in the said territory, otherwise than in the 
punishment of crimes, whereof the party shall have been 
duly convicted : Provided ahvays, That any person escaping 
into the same, from whom labor or service is lawfully re- 
claimed, and conveyed to the person claiming his or her 
labor or service as aforesaid. 

Be it ordained by the authority aforesaid. That the reso- 
lutions of the 23d of April, 1784, relative to the subject of 
this ordinance, be, and the same are hereby, repealed, and 
declared null and void. 

Done by the United States, in Congress assembled, the 
loth day of July, m the year of our Lord 1787, and of their 
sovereignty and independence the twelfth. 



Extract from Coinage Act, April 2, 1792. 

Prior to the passage of this Act, there was no National currency. 
The fluctuations in the value of state paper and continental cur- 
rency, and the great variety of foreign coin caused much incon- 
venience in trade. 

The law of 1792, provided for the free and unlimited coinage 
of both gold and silver. By the Act of 1873 the coinage of the silver 
dollar was discontinued, but again resumed under the Act of 1878. 
The Act of 1873 ended the free and unlimited coinage of the silver 
dollar. There has always been free and unlimited coinage of gold. 

Sec. 1. Be it enacted by the Senate and House of Rep 
resentatives of the United States of America in Congress 
assembled, and it is hereby enacted and declared. That a 
Mint for the purpose of a national coinage be, and the same 
is established ; to be situate and carried on at the seat of the 
Government of the United States, for the time being: And 
that for the well conducting of the business of the said 
Mint, there shall be the following offtcers and persons, name- 



Extract From Coinage Act, 1792. 11 

ly, — a Director, an assayer, a chief coiner, an engraver, a 
treasurer. 

Sec. 9. Aiid be if further enacted, That there shall be 
from time to time struck and coined at the said Mint, coins 
of gold, silver, and copper, of the following denominations, 
values, and descriptions, viz. Eagles — each to be of the 
value of ten dollars or units, and to contain two hundred 
and forty-seven grains and four eighths of a grain of pure, 
or two hundred and seventy grains of standard gold. Half 
eagles — each to be of the value of five dollars, and to con- 
tain one hundred and twenty-three grains and six eights of 
a grain of pure, or one hundred and thirty-five grains of 
standard gold. Quarter eagles — each to be of the value 
of two dollars and a half dollar, and to contain sixty-one 
grains and seven eighths of a grain of pure, or sixty-seven 
grains and four eighths of a grain of standard gold. Dol- 
lars OR units — each to be of the value of a Spanish milled 
dollar as the same is now current, and to contain three hun- 
dred and seventy-one grains and four sixteenth parts of a 
grain of pure, or four hundred and sixteen grains of stand- 
ard silver. Half dollars — each to be of half the value of 
the dollar of unit, and to contain one hundred and eighty- 
five grains and ten sixteenth parts of a grain of pure, or two 
hundred and eight grains of standard silver. Quarter 
dollars — each to be of one fourth the value of the dollar 
or unit, and to contain ninety-two grains and thirteen six- 
teenth parts of a grain of pure, or one hundred and four 
grains of standard silver. Dismes — each to be of the value 
of one tenth of a dollar or unit, and to contain thirty-seven 
grains and two sixteenth parts of a grain of pure, or forty- 
one grains and three fifth parts of a grain of standard sil- 
ver. Half dismes — each to be the value of one twentieth 
of a dollar, and to contain eighteen grains and nine sixteenth 
parts of a grain of pure, or twenty grains and four fifth 
parts of a grain of standard silver. Cents — each to be of 
the value of the one hundredth part of a dollar, and to con- 
tain eleven penny-weights of copper. Half-cents — each to 
be of the value of half a cent, and to contain five penny- 
weights and half a penny- weight of copper. 

Sec. 11. And he it further enacted. That the proportional 
value of gold to silver in all coins which shall by law be 



12 Extract From Coinage Act, 1T92. 

current as money within the United States, shall be as fif- 
teen to one, according to quantity in weight, of pure gold 
or pure silver : that is to say, every fifteen pounds weight of 
pure silver shall be of equal value in all payments, with one 
pound weight of pure gold, and to so in proportion as to 
any greater or less quantities of the respective metals. 

Sec. 14. And be it further enacted, That it shall be law- 
ful for any person or persons to bring to the said Mint gold 
and silver bullion, in order to their being coined ; and that 
the bullion so brought shall be there assayed and coined as 
speedily as may be after the receipt thereof, and that free 
of expense to the person or persons by whom the same shall 
have been brought. And as soon as the said bullion shall 
have been coined, the person or persons by whom the same 
shall have been delivered, shall upon demand receive in lieu 
thereof of coins of the same species of bullion which shall 
have been so delivered, weight for weight, of the pure gold 
or pure silver therein contained: Provided nevertheless, 
That it shall be at the mutual option of the party or parties 
bringing such bullion, and of the Director of the said Mint, 
to make an immediate exchange of coins for standard bul- 
lion, with a deduction of one half per cent, from the weight 
of the pure gold, or pure silver contained in the said bullion, 
as an indemnification to the Mint for the time which will 
necessarily be required for coining the said bullion, and for 
the advance which shall have been so made in coins. And it 
shall be the duty of the Secretary of the Treasury to furnish 
the said Mint from time to time whenever the state of the 
Treasury will admit thereof, with such sums as may be nec- 
essary for effecting the said exchanges, to be replaced as 
speedily as may be out of the coins which shall have been 
made of the bullion for which the monies so furnished shall 
have been exchanged ; and the said deduction of one half 
per cent, shall constitute a fund towards defraying the ex- 
penses of the said Mint. 

^ ^ :1c ;|; i-; ^ -k 

Sec. 10. A)id be it further enacted, That all the gold and 
silver coins which shall have been struck at, and issued 
from the said Mint, shall be a lawful tender in all payments 
whatsoever, those of full weight according to the respect- 
ive A^alues herein before declared, and those of less than full 
weight at values proportional to their respective weights. 



Treaty with France, 1803. 13 

Treaty with France for the Cession of Louisiana. 
April 30, 1803. 

By the treaty of Paris, 1763, France ceded Canada and her pos- 
sessions east of the Mississippi river, excepting New Orleans, to 
England, and in 1762 she ceded New Orleans and Louisiana to 
Spain. 

By the secret treaty of San Ildefonso, October i, 1800, Spain 
ceded Louisiana to France. The transfer from Spanish to French 
authority was not made until after the sale of Louisiana to the Uni- 
ted States. The Spanish Intendant of Louisiana issued a proclama- 
tion, October 16, 1802, taking away the right of deposit for merchan- 
dise at New Orleans, and the use of free navigation of the Mississip- 
pi river, rights which were guaranteed the U. S. by- the treaty of 
1795. As there were no railways then, the Mississippi river was the 
only commercial highway for the people living west of the Appalach- 
ian" mountains. The arbitrary action of the Spanish Intendant cre- 
ated great indignation in the U. S. and led Jefferson to appoint 
James Monroe as minister extraordinary to aid Livingston, minister 
to France, to negotiate a treaty, "for the purpose of enlarging, and 
more effectually securing our rights and interests on the Mississippi 
river and the territories eastward thereof." 

The Louisiana Purchase, made by a treaty and two conventions, 
was the result. The treaty was concluded April 30, and ratified 
October 21, 1803. 



The President of the United States of America, and the First 
Consul of the French Republic, in the name of the French people, 
desiring to remove all source of misunderstanding relative to ob- 
jects of discussion mentioned in the second and fifth articles of the 
convention of the 8th Vendemiaire, an 9 (30th September, 1800) 
relative to the rights claimed by the United States, in virtue of the 
treaty concluded at Madrid, the 27th of October, 1795, between his 
Catholic Majesty and the said United States, and willing to strength- 
en the union and friendship which at the time of the said convention 
was happily re-established between the two nations, have respective- 
ly named their Plenipotentiaries, to wit : the President of the Uni- 
ted States, by and with the advice and consent of the Senate of the 
said States, Robert R. Livingston, Minister Plenipotentiary of the 
United States, and James Monroe, Minister Plenipotentiary and 
Envoy Extraordinary of the said States, near the Government of 
the French Republic; and the First Consul, in the name of the 
French people. Citizen Francis Barbe Marbois, Minister of the Pub- 
lic Treasury ; who, after having respectively exchanged their full 
powers, have agreed to the following articles: 

Article L Whereas by the article the third of the treaty 
concluded at St. Idelfonso, the 9th Vendemiaire, an 9 (1st 
October, 1800,) between the First Consul of the French 
Republic and His Catholic Majesty, it was agreed as fol- 
lows: "His Catholic Majesty promises and engages on his 



14 Treaty with Franxe, 1803. 

part, to cede to the French Repubhc, six months after the 
full and entire execution of the conditions and stipulations 
herein relative to His Royal Highness the Duke of Parma, 
the colony or province of Louisiana, with the same extent 
that it now has in the hands of Spain, and that it had when 
France possessed it, and such as it should be after the treat- 
ies subsequently entered into between Spain and other 
States." And whereas, in pursuance of the treaty, and 
particularly of the third article, the French Republic has an 
incontestible title to the domain and to the possession of the 
said territory: The First Consul of the French Republic 
desiring to give to the United States a strong proof of his 
friendship, doth hereby cede to the said United States, in 
the name of the French Republic, forever and in full sov- 
ereignty, the said territory, with all its rights and appurten- 
ances, as fully and in the same manner as they have been 
acquired by the French Republic, in virtue of the above- 
mentioned treaty, concluded with His Catholic Majesty. 

Article II. In the cession made by the preceding article 
are included the adjacent islands belonging to Louisiana, all 
public lots and squares, vacant lands, and all public build- 
ings, fortifications, barracks, and other edifices which are not 
private property. The archives, papers, and documents, rel- 
ative to the domain and sovereignty of Louisiana and its 
dependences, will be left in the possession of the commis- 
saries of the United States, and copies will be afterwards 
given in due form to the magistrates and municipal officers 
of such of the said papers and documents as may be neces- 
sary to them. 

(Southwestern boundary was fixed 1819. See Florida Treaty, 
Article III. The Northern boundary was fixed 1818. Extract from 
treaty with Great Britain 1818. is given below:) 

It is agreed that a Line drawn from the most North Western 
Point of the Lake of the Woods, along the forty Ninth Parallel of 
North Latitude, or, if the said Point shall not be in the Forty Ninth 
Parallel of North Latitude, then that a Line drawn from the said 
Point due North or South as the Case may be, until the said Line 
shall intersect the said Parallel of North Latitude, and from the 
Point of such Intersection due West along and with the said Par- 
allel shall be the Line of Demarcation between the Territories of 
the LTnited States, and those of His Britanic Majesty, and that the 
said Line shall form the Northern Boundary of the said Territories 
of the United States, and the Southern Boundary of the Territories 
of His Britanic Majesty, from the Lake of the Woods to the Stony 
Mountains. 



Treaty with France, 1803. 15 

Article III. The inhabitants of the ceded territory shall 
be incorporated in the Union of the United States, and ad- 
mitted as soon as possible, according to the principles of the 
Federal constitution, to the enjoyment of all the rights, ad- 
vantages, and immunities of citizens of the United States ; 
and in the mean time they shall be maintained and protected 
in the free enjoyment of their liberty, property, and the re- 
ligion which they profess. 

Article IV. There shall be sent by the Government of 
France a commissary to Louisiana, to the end that he do 
every act necessary, as well to receive from the officers of 
His Catholic Majesty the said country and its dependences, 
in the name of the French Republic, if it has not been al- 
ready done, as to transmit it in the name of the French Re- 
public to the commissary or agent of the United States. 

Article V. Immediately after the ratification of the 
present treaty by the President of the United States, and in 
case that of the First Consul shall have been previously ob- 
tained, the commissary of the French Republic shall remit 
all military posts of New Orleans, and other parts of the 
ceded territory, to the commissary or commissaries named 
by the President to take possession of the troops, whether of 
France or Spain, who may be there, shall cease to occupy 
any military post from the time of taking possession, and 
shall be embarked as soon as possible, in the course of three 
months after the ratification of this treaty. 

Article VI. The United States promise to execute such 
treaties and articles as may have been agreed between Spain 
and the tribes and nations of Indians, until, by mutual con- 
sent of the United States and the said tribes or nations, 
other suitable articles shall have been agreed upon. 

Article VII. As it is reciprocally advantageous to the 
commerce of France and the United States to encourage the 
communication of both nations for a limited time in the 
country ceded by the present treaty, until general arrange- 
ments relative to the commerce of both nations may be 
agreed on ; it has been agreed between the contracting par- 
ties, that the French ships coming directly from France or 
any of her colonies, loaded only with the produce and manu- 
factures of France or her said colonies ; and the ships of 
Spain coming directly from Spain or any of her colonies, 
loaded only with the produce or mnufactures of Spain or 



16 Treaty with France, 1803. 

her colonics shall be admitted during the space of twelve 
years in the port of New Orleans, and in all other legal ports 
of entry within the ceded territory, in the same manner as 
the ships of the United States coming directly from France 
or Spain, or any of their colonies, without being subject to 
any other or greater duty on merchandise, or other or great- 
er tonnage than that paid by the citizens of the United 
States. 

During the space of time above mentioned, no other na- 
tion shall have a right to the same privileges in the ports of 
the ceded territory; the twelve years shall commence three 
months after the exchange of ratifications, if it shall take 
place in France, or three months after it shall have been 
notified at Paris to the French Government, if it shall take 
place in the United States ; it is however well understood 
that the object of the above article is to favor the manufac- 
tures, commerce, freight, and navigation of France and of 
Spain, so far as relates to the importations that the French 
and Spanish shall make into the said ports of the United 
States, without in any sort affecting the regulations that the 
United States may make concerning the exportation of the 
produce and merchandise of the United States, or any right 
they may have to make such regulations. 

Article VIII. In future and forever after the expira- 
tion of the twelve years, the ships of France shall be treated 
upon the footing of the most favoured nations in the ports 
above mentioned. 

Article IX. The particular convention signed this day 
by the respective ministers, having for its object to pro- 
vide for the payment of debts due to the citizens of the Uni- 
ted States by the French Republic prior to the 30th Septr., 
1800, (8th Vendemiaire, and 9,) is approved, and to have 
its execution in the same manner as if it had been inserted 
in this present treaty ; and it shall be ratified in the same 
form and in the same time, so that the one shall not be rati- 
fied distinct from the other. 

Another particular convention signed at the same date 
as the present treaty relative to a definitive rule between the 
contracting parties is in the like manner approved, and will 
be ratified in the same form, and in the same time, and 
jointly. 

Article X. The present treaty shall be ratified in good 



Treaty with France, 1803. 17 

and due form, and the ratifications shall be exchanged in 
the space of six months after the date of the signature by 
the Ministers Plenipotentiary, or sooner if possible. 

In faith whereof, the respective Plenipotentiaries have 
signed these articles in the- French and English languages ; 
declaring nevertheless that the present treaty was originally 
agreed to in the French language ; and have thereunto 
affixed their seals. 

Done at Paris the tenth day of Floreal, in the eleventh 
year of the French Republic, and the 30th of April, 1803. 

RoBT. R. Livingston, (l. s.) 
Jas. Monroe, (l. s.) 
F. Barbe Marbois. (l. s.) 

CONVENTION FOR THE PAYMENT OF THE PURCHASE 
OF LOUISIANA, RATIFIED OCTOBER 21, 1803. 

Article I. The Government of the United States en- 
gages to pay to the French Government in the manner spe- 
cified in the following article, the sum of sixty millions of 
francs, independent of the sum which shall be fixed by an- 
other convention for the payment of the debts due by France 
to citizens of the United States. 

Art. II. For the payment of the sum of sixty millions of 
francs, mentioned in the preceding article, the United 
vStates shall create a stock of eleven millions two hundred 
and fifty thousand dollars, bearing an interest of six per 
cent, per annum, payable half yearly in London, Amster- 
dam, or Paris, amounting by the half year, to three hundred 
and thirty-seven thousand five hundred dollars, according to 
the proportions which shall be determined by the French 
Government to be paid at either place ; the principal of the 
said stock to be re-imbursed at the Treasury of the United 
States, in annual payments of not less than three millions 
of dollars each, of which the first payment shall commence 
fifteen years after the date of the exchange of ratifications: 
this stock shall be transferred to the Government of France, 
or to such person or persons as shall be authorized to re- 
ceive it, in three months at most after the exchange of the 
ratificatiofis of this treaty, and after Louisiana shall be taken 
possession of in the name of the Government of the United 
State. 

It is further agreed, that if the French Government should 



18 The Florida Treaty, 1819. 

be desirous of disposing of the said stock to receive the cap- 
ital in Europe, at shorter terms, that its measures for that 
purpose shall be taken so as to favor, in the greatest degree 
possible, the credit of the United States, and to raise to the 
highest price the said stock. 

Art. III. It is agreed that the dollar of the United States 
specified in the present convention, shall be fixed at five 
and one-third francs, or five livres eight sous tournois. 

PAYMENT OF SUMS DUE BY FRANCE TO CITIZENS OF 
THE U. S. RATIFIED OCTOBER 21, 1803. 
(The United States paid 20,000,000 francs ($3,750,000) to its 
citizens as spoliation claims due them from France). 



The Florida Treaty. 
February 22, 1819. 

The Florida Treaty was concluded February 22, 1819, ratified 
by Spain October 24, 1820, and ratified by the U. S. Senate February 
22, 182 1. 

Article I. There shall be a firm and inviolable peace 
and sincere friendship between the United States and their 
citizens and His Catholic Majesty, his successors and sub- 
jects, without exception of persons or places. 

Art. II. His (Catholic Majesty cedes to the United 
States, in full property and sovereignty, all the territories 
which belong to him. situated to the eastward of the ^lissis- 
sippi. known by the name of East and West Florida. The 
adjacent islands dependent on said provinces, all public lots 
and equares, vacant lands, public edifices, fortifications, bar- 
racks, and other buildings, which are not private property, 
archives and documents, which relate directly to the prop- 
erty and sovereignty of said provinces, are included in this 
article. The said archives and documents shall be left in 
possession of the commissaries or officers of the United 
States, duly authorized to receive them. 

Art. III. The boundary line between the two countries, 
west of the Mississippi, shall begin on the Gulph of Mexico, 
at the mouth of the river Sabine, in the sea, continuing 
north, along the western bank of that river, to the 32d de- 
gree of latitude ; thence, by a line due north, to the degree 



The Florida Treaty, 1819. 19 

of latitude where it strikes the Rio Roxo of Nachitoches, or 
Red River ; then following the course of the Rio Noxo west- 
ward, to the degree of longitude 100 west from London and 
23 from Washington ; then, crossing the said Red River, 
and running thence, by a line due north, to the river Arkan- 
sas ; thence, following the course of the southern bank of 
the Arkansas, to its source, in latitude 42 north, and thence, 
by that parallel of latitude, to the South Sea. The whole 
being as laid down in Melish's map of the United States, 
published at Philadelphia, improved to the first of January, 
1818. But if the source of the Arkansas River shall be 
found to fall north or south of latitude 42, then the line shall 
run from the said source due south or north, as the case 
may be, till it meets the said parallel of latitude 42, and 
thence, along the said parallel, to the South Sea: All the 
islands in the Sabine, and the said Red and Arkansas Riv- 
ers, throughout the course thus described, to belong to the 
United States ; but the use of the waters, and the navigation 
of the Sabine to the sea, and of the said rivers Roxo and 
Arkansas, throughout the extent of the said boundary, on 
their respective banks, shall be common to the respective 
inhabitants of both nations. 

The two high contracting parties agree to cede and re- 
nounce all their rights, claims, and pretensions, to the ter- 
ritories described by the said line, that is to say : The United 
States hereby cede to His Catholic Majesty, and renounce 
forever, all their rights, claims, and pretensions, to the ter- 
ritories lying west and south of the above described line ; 
and, in like manner. His Catholic Majesty cedes to the said 
United States all his rights, claims, and pretensions to any 
territories east and north of the said line, and for himself, 
his heirs, and successors, renounces all claims to the said 
territories forever. 

Art. V. The inhabitants of the ceded territories shall be 
secured in the free exercise of their religion, without any 
restriction ; and all those who may desire to remove to the 
Spanish dominions shall be permitted to sell or export their 
effects, at any time whatever, without being subject, in 
either case, to duties. 

Art. VI. The inhabitants of the territories which His 
Catholic Majesty cedes to the United States, by this treaty. 



20 The Missouri Compromise, 1820. 

shall be incorporated in the Union of the United States, as 
soon as may be consistent with the principles of the Federal 
Constitution, and admitted to the enjoyment of all the priv- 
ileges, rights, and immunities of the citizens of the United 
States. 

Art. XL The United States, exonerating Spain from all 
demands in future, on account of the claims of their citizens 
to which the renunciations herein contained extend, and 
considering them entirely cancelled, undertake to make satis- 
faction for the same, to an amount not exceeding five mil- 
lions of dollars. To ascertain the full amount and validity 
of those claims, a commission, to consist of three Commis- 
sioners, citizens of the United States, shall be appointed by 
the President, by and with the advice and consent of the 
Senate, which commission shall meet at the city of Wash- 
ington, and, within the space of three years from the time of 
their first meeting, shall receive, examine, and decide upon 
the amount and validity of all the claims included within 
the descriptions above mentioned 

The payment of such claims as may be admitted and ad- 
justed by the said Commissioners, or the major part of them, 
to an amount not exceeding five millions of dollars, shall be 
made by the United States, either immediately at their 
Treasury, or by the creation of stock, bearing an interest 
of six per cent, per annum, payable from the proceeds of 
sales of public lands within the territories hereby ceded to 
the United States, or in such other manner as the Congress 
of the United States may prescril:)e by law. 



The Missouri Compromise, 1820. 

The Missouri Compromise was an amendment offered by Sen- 
ator Thomas of Illinois, to the "Act authorizing the people of Mis- 
souri Territory to form a constitution and state government.'' The 
Compromise appears in the above named Act as section 8, and is 
given in full below : 

Section 8. And be it further enacted, That in all that 
territory ceded by France to the United States, under the 
name of Louisiana, which lies north of thirty-six degrees 
and thirtv minutes north latitude, not included within the 



Monroe Doctrine, 1823. 21 

limits of the state, contemplated by this act, slavery and in- 
voluntary servitude, otherwise than in the punishment of 
crimes, whereof the parties shall have been duly convicted, 
shall be, and is hereby, forever prohibited : Provided ahcays, 
That any person escaping into the same, from whom labour 
or service is lawfully claimed, in any state or territory of 
the United States, such fugitive may be lawfully reclaimed 
and conveyed to the person claiming his or her labour or 
service as aforsaid. 



Monroe Doctrine, Dec. 2, 1823. 

In 1821 Russia asserted claims to all territory on the Pacific 
Coast north of 51 degrees north latitude, and founded a colony as 
far south as California, and apparently had in view the exclusion of 
the United States from the Pacific Coast. 

The Spanish colonies of Mexico and South America rebelled 
against Spanish authority, beginning as early as 1810, formed re- 
publics and in 1822 were acknowledged by the United States as free 
and independent powers. 

In 181 5 the Holy Alliance was formed in Europe for the purpose 
of maintaining monarchial governments as opposed to the growing 
tendency for republics. In 1823 France with the sanction of the 
Holy Alliance, had restored Ferdinand VII, of Spain to his throne. 
Another meeting of the allied powers was proposed to consider the 
restoration of Spanish authority over her revolted colonies. 

James IMonroe discussed these questions in his annual message 
to Congress December 2, 1823, in relation of the United States with 
Russia, Spain, and the Spanish-American colonies, and stated what 
has since become known as the Monroe Doctrine. 

At the proposal of the Russian imperial government, made 
through the minister of the Emperor residing here, a full 
power and instructions have been transmitted to the Min- 
ister of the United States at St. Petersburgh, to arrange, by 
amicable negotiation, the respective rights and interests of 
the two nations on the northwest coast of this continent. 
A similar proposal had been made by his Imperial Majesty 
to the government of Great Britain, which has likewise been 
acceded to. The government of the United States has been 
desirous, by this friendly proceeding, of manifesting the 
great value which they have invariably attached to the 
friendship of the Emperor, and their solicitude to cultivate 
the best understanding with his government. In the dis- 
cussions to which this interest has given rise, and in the ar- 



22 Monroe Doctrine, 1823. 

rangements by which they may terminate, the occasion has 
been judged proper for asserting, as a principle in which 
the rights and interests of the United States are involved, 
that the Americcm continents, by the free and independent 
condition which they have assnnied and maintain, are hence- 
forth not to be considered as snbjects for future coloniza- 
tion by any European pozi'crs 

In the wars of the European powers, in niatters relating 
to themselves, we have never taken any part, nor does it 
comport with our policy so to do. It is only when our rights 
are invaded, or seriously menaced, that we resent injuries, 
or make preparation for our defence. With the movements 
in this hemisphere, we are, of necessity, more immediately 
connected, and by causes which must be obvious to all en- 
lightened and impartial observers. The political system of 
the allied powers is essentially different, in this respect, 
from that of America. This difference proceeds from that 
which exists in their respective governments. And to the 
defence of our own, which has been achieved by the loss 
of so much blood and treasure, and matured by the wisdom 
of their most enlightened citizens, and under which we have 
enjoyed unexampled felicity, this whole nation is devoted. 
We owe it, therefore, to candor, and to the amicable rela- 
tions existing between the United States and those powers, 
to declare, that zve should consider any attempt on their part 
to extend their system to any portion of this hemisphere, as 
dangerous to our peace and safety. With the existing col- 
onies or dependencies of any European power, we have not 
interfered, and shall not interfere. But with the govern- 
nients who have declared their independence, and main- 
tained it, and whose independence we have, on great con- 
sideration, and on just principles, acknowledged, we could 
not view any interposition for the purpose of oppressing 
them, or controlling, in any other manner, their destiny, by 
any European power, in any other light than as the mani- 
festation of an unfriendly disposition towards the United 

States Our policy, in regard to Europe, which was 

adopted at an early stage of the wars which have so long- 
agitated that quarter of the globe, nevertheless remains the 
same, which is, not to interfere in the internal concerns of 
any of its powers ; to consider the government de facto as 
the legitimate government for us ; to cultivate friendly re- 



Joint Resolution Annexing Texas, 1845. 23 

lations with it, and to preserve those relations by a frank, 
firm, and manly policy ; meeting, in all instances, the just 
claims of every power; submitting to injuries from none. 
But, in regard to these continents, circumstances are emin- 
ently and conspicuously different. It is impossible that the 
allied powers should extend their political system to any 
portion of either continent, without endangering our peace 
and happinesss nor can any one believe that our Southern 
Brethren, if left to themselves, would adopt it of their own 
accord. It is equally impossible, therefore, that we should 
behold such interposition, in any form, with indifference. If 
we look to the comparative strength and resources of Spain 
and those new governments, and their distance from each 
other, it must be obvious that she can never subdue them. 
It is still the true policy of the United States to leave the 
parties to themselves, in the hope that other powers will 
pursue the same course. 



Joint Resolution Annexing Texas to the United States. 

March 1, 1845. 

Mexico separated from Spain 1821, and became a republic. 1835 
Texas seceded from Mexico and became a republic in 1836. The 
same year Texas applied for admission to the United States, but 
was refused. In 1844 the Democratic party declared in their na- 
tional platform in favor of the reannexation of Texas and the re- 
occupation of all of Oregon. The former caught the vote in the 
South ; the latter, was popular in the North. Polk was elected. 
The Oregon question was compromised. The resolution for annex- 
ing Texas was passed March i, 1845, the resolution admitting her to 
state-hood was passed December 29, 1845. 

Resolved by the Senate and House of Representatives of 
the United States of America iu Congress assembled, That 
Congress doth consent that the territory properly included 
within, and rightfully belonging to the Republic of Texas, 
may be erected into a new State, to be called the State of 
Texas, with a republican form of government, to be adopted 
by the people of said republic, by deputies in convention as- 
sembled, with the consent of the existing government, in 
order that the same may be admitted as one of the States of 
this Union. 

2. And be it further resolved, That the foregoing consent 



24 Joint Resolution Annexing Texas, 1845. 

of Congress is given upon the following conditions, and 
with the following guarantees, to wit: First, Said State to 
be formed, subject to the adjustment by this government of 
all questions of boundary that may arise with other gov- 
ernments ; and the constitution thereof, with the proper evi- 
dence of its adoption by the people of said Republic of 
Texas, shall be transmitted to the President of the United 
States, to be laid before Congress for its final action, on or 
before the first day of January, one thousand eight hundred 
and forty-six. Second. Said State, when admitted into the 
Union, after ceding to the United States, all public edifices, 
fortifications, barracks, ports and harbors, navy and navy- 
yards, docks, magazines, arms, armaments, and all other 
property and means pertaining to the public defence belong- 
ing to said Republic of Texas, shall retain all the public 
funds, debts, taxes, and dues of every kind, which may be- 
long to or be due and owing said republic ; and shall also 
retain all the vacant and unappropriated lands lying within 
its limits, to be applied to the payment of the debts and lia- 
bilities of said Republic of Texas, and the residue of said 
lands, after discharging said debts and liabilities, to be dis- 
posed of as said States may direct ; but in no event are said 
debts and liabilities to become a charge upon the Govern- 
ment of the United States. Third. New States, of conven- 
ient size, not exceeding four in number, in addition to said 
State of Texas, and having sufficient population, may here- 
after, by the consent of said State, be formed out of the 
territory thereof, which shall be entitled to admission un- 
der the provisions of the federal constitution. And such 
States as may be formed out of that portion of said territory 
lying south of thirty-six degrees thirty minutes north lati- 
tude, commonly known as the Missouri compromise line, 
shall be admitted into the Union with or without slavery, as 
the people of each State asking admission may desire. And 
in such State or States as shall be formed out of said ter- 
ritory north of said Missouri compromise line, slavery, or 
involuntary servitude, (except for crime,) shall be prohi- 
bited. 

3. And be it further resolved, That if the President of 
the United States shall in his judgment and discretion deem 
it most advisable, instead of proceeding to submit the fore- 
going resolution to the Republic of Texas, as an overture 



Compromise of 1850. 25 

on the part of the United States for admission, to negotiate 
with that Republic; then, 

Be it enacted, That a State, to be formed out of the pres- 
ent Republic of Texas, with suitable extent and boundaries, 
and with two representatives in Congress, imtil the next 
apportionment of representation, shall be admitted into the 
Union, by virtue of this act, on an equal footing with the ex- 
isting States, as soon as the terms and conditions of such 
admission, and the cession of the remaining Texan terri- 
tory to the United States shall be agreed upon by the Gov- 
ernments of Texas and the United States : And that the sum 
of one hundred thousand dollars be, and the same is hereby, 
appropriated to defray the expenses of missions and negotia- 
tions, to agree upon the terms of said admission and ces- 
sion, either by treaty to be submitted to the Senate, or by 
articles to be submitted to the two houses of Congress, as 
the President may direct. 



Compromise of 1850. 

Henry Cla}^ submitted a series of resolutions, January 29, 1850, 
to the United States Senate, as a basis for adjustment of differ- 
ences on the slavery question, pertaining both to the newly acquired 
territory from Mexico and to other slave issues causing friction be- 
tween the North and South. These resolutions were referred to a 
select com.mittee of thirteen of which Clay was chairman. The 
committee submitted its report May 8th. From this report were 
prepared the Acts which have since borne the name of the Com- 
promise of 1850. The following are extracts. 

EXTRACT FROM UTAH ACT SEPTEMBER 9, 1850. 

An Act to establish a Territorial Government for Utah. 

Be it enacted by the Senate and House of Representatives 
of the United States of America in Congress assembled, 
That all that part of the territory of the United States in- 
cluded within the following limits, to wit: bounded on the 
west by the State of California, on the north by the Terri- 
tory of Oregon, and on the east by the summit of the Rocky 
Mountains, and on the south by the thirty-seventh parallel 
of north latitude, be, and the same is hereby, created into a 
temporary government, by the name of the Territory of 
Utah ; and, when admitted as a State, the said Territory, 
or any portion of the same, shall be received into the Union 



26 Compromise of 1850. 

with or without slavery, as their constitution may prescribe 
at the time of their admission: Provided, That nothing in 
this act contained shall be construed to inhibit the govern- 
ment of the United States from dividing said Territory into 
two or more Territories, in such manner and at such times 
as Congress shall deem convenient and proper, or from at- 
taching any portion of said Territory to any other State or 
Territory of the United State. . . . 

EXTRACT FROM TEXAS AND NEW MEXICO ACT, 
SEPTEMBER 9, 1850. 

An Act proposing to the State of Texas the Estahlishment 
of her Northern and Western Boundaries, the Relinquish- 
ment by the said State of all Territory claimed by her ex- 
terior to said Boundaries, and of all her claims upon the 
United States, and to establish a territorial Government 
for Nezv Mexico. 

Be it enacted by the Senate and House of Representatives 
of the United States of America in Congress assembled, 
That the following propositions shall be, and the same here- 
by are, offered to the State of Texas, which, when agreed 
to by the said State, in an act passed by the general assem- 
bly, shall be binding and obligatory, upon the United States, 
and upon the said State of Texas : Provided, The said agree- 
ment by the said general assembly shall be given on or be- 
fore the first day of December, eighteen hundred and fifty : 
First. The State of Texas will agree that her boundary 
on the north shall commence at the point at which the meri- 
dian of one hundred degrees west from Greenwich is in- 
tersected by the parallel of thirty-six degrees thirty minutes 
north latitude, and shall run from said point due west to 
the meridian of one hundred and three degrees west from 
Greenwich : thence her boundary shall run due south to the 
thirty-second degree of north latitude ; thence on the said 
parallel of thirty-two degrees of north latitude to the Rio 
Bravo del Norte, and thence with the channel of said river 
to the Gulf of Mexico. 

Second. The State of Texas cedes to the United States 
all her claim to territory exterior to the limits and bound- 
aries which she agrees to establish by the first article of this 
agreement. 

Third. The State of Texas relinquishes all claim upon 



Compromise of 1850. 27 

the United States for liability of the debts of Texas, and for 
compensation or indemnity for the surrender to the United 
States of her ships, forts, arsenals, custom-houses, custom- 
house revenue, arms and munitions of war, and public build- 
ings with their sites, which became the property of the Uni- 
ted States at the time of the annexation. 

Fourth. The United States, in consideration of said 
establishment of boundaries, cession of claim to territory, 
and relinquishment of claims, will pay to the State of Texas 
the sum of ten millions of dollars in a stock bearing five 
per cent, interest, and redeemable at the end of fourteen 
years, the interest payable half-yearly at the treasury of the 
United States. 

;|c ^ ;■; Jj; >ic :|i >{: 

Sec. 2. And be it further enacted, That all that portion 
of the Territory of the United States bounded as follows: 
Beginning at a point in the Colorado River where the 
boundary line with the republic of Mexico crosses the same ; 
thence eastwardly with the said boundary line to the Rio 
Grande ; thence following the main channel of said river to 
the parallel of the thirty-second degree of north latitude ; 
thence east with said degree of longitude west of Green- 
wich ; thence north with said degree of longitude to the 
parallel of thirty-eighth degree of north latitude ; thence 
west with said parallel to the summit of the Sierra Madre ; 
thence south with the crest of said mountains to the thirty- 
seventh parallel of north latitude ; thence west with said 
parallel to its intersection with the boundary line of the 
State of California; thence with said boundary line to the 
place of beginning — be, and the same is hereby, erected into 
a temporary government, by the name of the Territory of 
New Mexico : Provided, That nothing in this act contained 
shall be construed to inhibit the government of the United 
States from dividing said Territory into two or more Ter- 
ritories, in such manner and at such times as Congress shall 
deem convenient and proper, or from attaching any portion 
thereof to any other Territory or State: And provided, fur- 
ther, That, when admitted as a State, the said Territory, or 
any portion of the same, shall be received into the Union 
with or without slavery, as their constitution may prescribe 
at the time of their admission. 



28 Compromise of 1850. 

FUGITIVE SLAVE ACT, SEPTEMBER i8, 1850. 
An Act to amend, and supplementary to, the Act entitled 
''An Act respecting Fugitives from Justice, and Persons 
escaping from the Service of their Masters," approved 
February tzvelfth, one thousand seven hundred and 
ninety-three. 

Section 5. And be it further enacted, That it shall be 
the duty of all marshals and deputy marshals to obey and 
execute all warrants and precepts issued under the provi- 
sions of this act, when to them directed ; and should any 
marshal or deputy marshal refuse to receive such warrant, 
or other process, when tendered, or to use all proper means 
diligently to execute the same, he shall, on conviction there- 
of, be fined in the sum of one thousand dollars, to the use 
of such claimant, on the motion of such claimant, by the 
Circuit or District Court for the district of such marshal ; 
and after arrest of such fugutive, by such marshal or his 
deputy, or whilst at any time in his custody under the provi- 
sions of this act, should such fugitive escape, whether with 
or without the assent of such marshal or his deputy, such 
marshal shall be liable, on his official bond, to be prosecuted 
for the benefit of such claimant, for the full value of the 
the service or labor of said fugitive in the State, Territory, 
or District whence he escaped : and the better to enable the 
said commissioners, when thus appointed, to execute their 
duties faithfully and efficiently, in conformity with the re- 
quirements of the Constitution of the United States and of 
this act, they are hereby authorized and empowered, within 
their counties respectively, to appoint, in writing under their 
hands, any one or more suitable persons, from time to time, 
to execute all such warrants and other process as may be 
issued by them in the lawful performance of their respective 
duties ; with authority to such commissioners, or the per- 
sons to be appointed by them, to execute process as afore- 
said, to summon and call to their aid the bystanders, or 
pose comitatus of the proper county, when necessary to en- 
sure a faithful observance of the clause of the Constitution 
referred to, in conformity with the provisions of this act; 
and all good citizens are hereby commanded to aid and as- 
sist in the prompt and efficient execution of this law, when- 
ever their services may be required, as aforesaid, for that 
purpose ; and said warrants shall run, and be executed by 



Compromise of 1850. 29 

said officers, anywhere in the State within which they are 
issued. 

Sec. 6. And be it further enacted, That when a person 
held to service or labor in any State or Territory of the Uni- 
ted States, has heretofore or shall hereafter escape into an- 
other State or Territory of the United States, the person or 
persons to whom such service or labor may be due, or his, 
her, or their agent or attorney, duly authorized, by power 
of attorney, in writing, acknowledged and certified under 
the seal of some legal officer or court of the State or Terri- 
tory in which the same may be executed, may pursue and re- 
claim such fugitive person, either by procuring a warrant 
from some one of the courts, judges, or commissioners 
aforesaid, of the proper circuit, district, or county, for the 
apprehension of such fugitive from service or labor, or by 
seizing and arresting such fugitive, where the same can be 
done without process, and by taking, or causing such per- 
son to be taken, forthwith before such court, judge, or com- 
missioner, whose duty it shall be to hear and determine the 
case of such claimant in a summary manner ; and upon satis- 
factory proof being made, by deposition or affidavit, in writ- 
ing, to be taken and certified by such court, judge, or com- 
missioner, or by other satisfactory testimony, duly taken 
and certified by some court, magistrate, justice of the peace, 
or other legal officer authorized to administer an oath and 
take depositions under the laws of the State or Territory 
from which such person owing service or labor may have 
escaped, with a certificate of such magistracy or other au- 
thority, as aforesaid, with the seal of the proper court or 
officer thereto attached, which seal shall be sufficient to es- 
tablish the competency of the proof, and with proof, also by 
affidavit, of the identity of the person whose service or labor 
is claimed to be due as aforesaid, that the person so arrested 
does in fact owe service or labor to the person or persons 
claiming him or her, in the State or Territory from which 
such fugitive may have escaped as aforesaid, and that said 
person escaped, to make out and deliver to such claimant, 
his or her agent or attorney, a certificate setting forth the 
substantial facts as to the service or labor due from such 
fugitive to the claimant, and of his or her escape from the 
State or Territory in which he or she was arrested, with 
authority to such claimant, or his or her agent or attorney. 



30 Compromise of 1850. 

to use such reasonable force and restraint as may be nec- 
essary, under the circumstances of the case, to take and re- 
move such fugitive person back to the State or Territory 
whence he or she may have escaped as aforesaid. In no 
trial or hearing under this act shall the testimony of such 
alleged fugitive be admitted in evidence ; and the certificates 
in this and the first (fourth) section mentioned, shall be 
conclusive of the right of the person or persons in whose 
favor granted, to remove such fugitive to the State or Ter- 
ritory from which he escaped, and shall prevent all molesta- 
tion of such person or persons by any process issued by any 
court, judge, magistrate, or other person whomsoever. 

Sfx. 7. And be it further enacted, That any person who 
shall knowingly and willingly obstruct, hinder, or prevent 
such claimant, his agent or attorney, or any person or per- 
sons lawfully assisting him, her, or them, from arresting 
such a fugitive from service or labor, either with or with- 
out process as aforesaid, or shall rescue, or attempt to res- 
cue, such fugitive from service or labor, from the custody 
of such claimant, his or her agent or attorney, or other per- 
son or persons lawfully assisting as aforesaid, when so ar- 
rested, pursuant to the authority herein given and declared ; 
or shall aid, abet, or assist such person so owing service or 
labor as aforesaid, directly or indirectly, to escape from such 
claimant, his agent or attorney, or other person or persons 
legally authorized as aforesaid ; or shall harbor or conceal 
such fugitive, so as to prevent the discovery and arrest of 
such person, after notice or knowledge of the fact that such 
person was a fugitive from service or labor as aforesaid, 
shall, for either of said offences, be subject to a fine not ex- 
ceeding one thousand dollars, and imprisonment not ex- 
ceeding six months, by indictment and conviction before the 
District Court of the United States for the district in which 
such offence may have been committed, or before the proper 
court of criminal jurisdiction, if committed within any one 
of the organized Territories of the United States ; and shall 
moreover forfeit and pay, by way of civil damages to the 
party injured by such illegal conduct, the sum of one thou- 
sand dollars, for each fugitive so lost as aforesaid, to be re- 
covered by action of debt, in any of the District or Terri- 
torial Courts aforesaid, within whose jurisdictian the said 
offence mav have been committed. 



Compromise of 1850. 31 

(Sec. S relates to fees for services under the act.) 
Sec. 9. And be it further enacted, That, upon affidavit 
made by the claimant of such fugitive, his agent or attorney, 
after such certificate has been issued, that he has reason to 
apprehend that such fugitive will be rescued by force from 
his or their possession before he can be taken beyond the 
limits of the State in which the arrest is made, it shall be 
the duty of the office making the arrest to retain such fug- 
itive in his custody, and to remove him to the State whence 
he fled, and there to deliver him to said claimant, his agent, 
or attorney. And to this end, the officer aforesaid is hereby 
authorized and required to employ so many persons as he 
may deem necessary to overcome such force, and to retain 
them in his service so long as circumstances may require. 
The said officer and his assistants, while so employed, to 
receive the same compensation, and to be allowed the same 
expenses, as are now allowed by law for transportation of 
criminals, to be certified by the judge of the district within 
which the arrest is made, and paid out of the treasury of the 
United States. 

Sec. 10. And he it further enacted, That when any per- 
son held to service or labor in any State or Territory, or in 
the District of Columbia, shall escape therefrom, the party 
to whom such service or labor shall be due, his, her, or their 
agent or attorney, may apply to any court of record therein, 
or judge thereof in vacation, and make satisfactory proof to 
such court, or judge in vacation, of the escape aforesaid, 
and that the person escaping owed service or labor to such 
party. Whereupon the court shall cause a record to be 
made of the matters so proved, and also a general descrip- 
tion of the person so escaping, with such convenient cer- 
tainty as may be ; and a transcript of such record, authenti- 
cated by the attestation of the clerk and of the seal of the 
said court, being produced in any other State, Territory, or 
district in which the person so escaping may be found, and 
being exhibited to any judge, commsisioner, or other officer 
authorized by the law of the United States to cause persons 
escaping from service or labor to be delivered up, shall be 
held and taken to be full and conclusive evidence of the fact 
of escape, and that the service or labor of the person escap- 
ing is due to the party in such record mentioned. And upon 
the production by the said party of other and further evi- 



32 Compromise of 1850. 

(lence if necessary, either oral or by affidavit, in addition to 
what is contained in the said record of the identity of the 
person escaping, he or she shall be delivered up to the claim- 
ant. And the said court, commissioner, judge, or other per- 
son authorized by this act to grant certificates to claimants 
of fugitives, shall, upon the production of the record and 
other evidences aforesaid, grant to such claimant a certi- 
ficate of his right to take any such person identified and 
proved to be owing service or labor as aforesaid, which 
certificate shall authorize such claimant to seize or arrest 
and transport such person to the State or Territory from 
which he escaped : Provided, That nothing herein contained 
shall be construed as requiring the production of a tran- 
script of such record as evidence as aforesaid. But in its 
absence the claim shall be heard and determined upon other 
satisfactory proofs, competent dn law. 

ACT ABOLISHING SLAVE TRADE IN THE DISTRICT OF 
COLUMBIA, SEPTEMBER 20, 1850. 

An Act to suppress the Slave Trade in the District of Col- 
umbia. 

Be it enacted by the Senate and House of Representatives 
of the United States of America in Congress assembled. 
That from and after the first day of January, eighteen hun- 
dred and fifty-one, it shall not be lawful to bring into the 
District of Columbia any slave whatever, for the purpose of 
being sold, or for the purpose of being placed in depot, to 
be subsequently transferred to any other State or place to 
be sold as merchandize. And if any slave shall be brought 
into the said District by its owner, or by the authority or 
consent of its owner, contrary to the provisions of this act, 
such slave shall thereupon become liberated and free. 

Sec. 2. And be it further enacted, That it shall and may 
be lawful for each of the corporations of the cities of Wash- 
ington and Georgetown, from time to time, and as often as 
may be necessary, to abate, break up, and abolish any depot 
or place of confinement of slaves brought into the said Dis- 
trict as merchandize, contrary to the provisions of this act, 
by such appropriate means as may appear to either of the 
said corporations expedient and proper. And the same pow- 
er is hereby vested in the Levy Court of Washington coun- 
ty, if any attempt shall be made, within its jurisdictional 



Extract from Kansas-Nebraska Act, 1854. 33 

limits, to establish a depot or place of confinement for slaves 
brought into the said District as merchandize for sale con- 
trary to this act. 



Extract from the Kansas-Nebraska Act, May 30, 1854. 

An Act to Organize the Territory of Nebraska and Kansas. 
Be it enacted by the Senate and House of Representatives 
of the United States of America in Congress assembled,' 
That all that part of the territory of the United States in- 
cluded within the following limits, except such portions 
thereof as are hereinafter expressly exempted from the 
operations of this act, to wit: beginning at a point in the 
Missouri River where the fortieth parallel of north latitude 
crosses the same; thence west on said parallel to the east 
boundary of the Territory of Utah, on the summit of the 
Rocky Mountains ; thence on said summit northward to the 
forty-ninth parallel of north latitude ; thence east on said 
parallel to the western boundary of the territory of Minne- 
sota ; thence southward on said boundary to the Missouri 
River ; thence down the main channel of said river to the 
place of beginning, be, and the same is hereby, created into 
a temporary government by the name of the Territory of 
Nebraska; and when admitted as a State or States, the said 
Territory, or any portion of the same, shall be received into 
the Union with or w^ithout slavery, as their constitution may 
prescribe at the time of their admission : . . . 

>K >K Jjc -I- ^ 5^ 5iJ 

Section 10. And be it further enacted, That the provi- 
sions of an act entitled "An act respecting fugitives from 
justice, and persons escaping from the service of their mas- 
ters," approved February twelve, seventeen hundred and 
ninety-three, and the provisions of the act entitled ''An act 
to amend, and supplementary to, the aforesaid act," ap- 
proved September eighteen, eighteen hundred and fifty, be, 
and the same are hereby, declared to extend to and be in 
full force within the limits of said Territory of Nebraska. 

Sec. 14. And be it further enacted, . . . That the Con- 
stitution, and all laws of the United States which are not 
locally inapplicable, shall have the same force and efifect 



3-1: Extract from Kansas-Nebraska Act, 1854. 

within the said Territory of Nebraska as elsewhere within 
the United States, except the eighth section of the act pre- 
paratory to the admission of Missouri into the Union, ap- 
proved March sixth, eighteen hundred and twenty, which, 
being inconsistent with the principle of non-intervention by 
Congress with slavery in the States and Territories, as re- 
cognized by the legislation of eighteen hundred and fifty, 
commonly called the Compromise Measures, is hereby de- 
clared inoperative and void ; it being the true intent and 
meaning of this act not to legislate slavery into any Terri- 
tory or State, nor to exclude it therefrom, but to leave the 
people thereof perfectly free to form and regulate their 
domestic institutions in their own way, subject only to the 
Constitution of the United States: Provided, That nothing 
herein contained shall be construed to revive or put in force 
any law or regulation which may have existed prior to the 
act of sixth March, eighteen hundred and twenty, either 
protecting, establishing, prohibiting, or abolishing slavery. 

^ :),i ^ >;; if; ;■: 5{; 

Sec. 19. And be it further enacted. That all that part of 
of the Territory of the United States included within the 
following limits, except such portions thereof as are herein- 
after expressly exempted from the operations of this act, 
to wit. beginning at a point on the western boundary of the 
State of Missouri, where the thirty-seventh parallel of north 
latitude crosses the same ; thence west on said parallel to 
the eastern boundary of New Mexico ; thence north on said 
boundary to latitude thirty-eight ; thence following said 
boundary westward to the east boundary of the Territory 
of Utah, on the summit of the Rocky Mountains ; thence 
northward on said summit to the fortieth parallel of lati- 
tude ; thence east on said parallel to the western boundary 
of the State of Missouri ; thence south with the western, 
boundary of said State to the place of beginning, be, and 
the same is hereby, created into a temporary government by 
the name of the Territory of Kansas ; and when admitted 
as a State or States, the said Territory, or any portion of 
the same, shall be received into the Union with or without 
slavery, as their Constitution may prescribe at the time of 
their admission : . . . 

(Sections 28 and 32 apply to Kansas Territory as sections 10 and 
14 do to Nebraska.) 



Act x\bolishing Slavery ix the Territories, 1862. 35 

An Act Abolishing Slavery in the Territories, June 19, 1862. 

An Act to secure Freedom to all Persons zcitJiiii the Terri- 
tories of the United States. 

Be it enacted . . ., That from and after the passage of 
this act there shah be neither slavery nor involuntary servi- 
tude in any of the Territories of the United States now ex- 
isting, or which may at any time hereafter be formed or ac- 
quired by the United States, otherwise than in punishment 
of crimes whereof the party shall have been duly convicted. 

Approved, June 19, 1862. 

(An Act abolishing slavery in the District of Columbia was 
passed April i6, 1862, and authorized June 19, 1862.) 



Emancipation Proclamation. 

President Lincoln read a draft of the emancipation proclamation 
to his cabinet July 22, 1862. Secretary Seward suggested that it be 
set aside until after a decisive victory. The preliminary proclama- 
tion was issued September 22, 1862, following the victory at Antie- 
tam, announcing among other things, that, if the Confederate States 
did not return to their allegiance before January i, 1863, all per- 
sons held by them as slaves would be "then, thenceforth, and for- 
ever free." The proclamation of Jan. i, 1863 is given below: 

A Proclamation. 

Whereas, on the twenty-second day of September, in 
the year of our Lord one thousand eight hundred and sixty- 
two, a proclamation was issued by the President of the Uni- 
ted States, containing, among other things, the following, 
to wit: 

"That on the first day of January, in the year of our Lord 
one thousand eight hundred and sixty-three, all persons 
held as slaves within any state or designated part of a state, 
the people whereof shall then be in rebellion against the 
United States, shall be then, henceforward, and forever, 
free ; and the Executive Government of the United States, 
including the military and naval authority thereof, will rec- 
ognize and maintain the freedom of such persons, and will 
do no act or acts to repress such persons, or any of them, 
in any efforts they may make for their actual freedom. 

"That the Executive will, on the first day of January 
aforesaid, by proclamation, designate the states and parts 
of states, if any, in which the people thereof, respectively, 



36 Emancipation Proclamation. 

shall then be in rebellion against the United States ; and the 
fact that any state, or the people thereof, respectively, shall 
then be in rebellion against the United States ; and the fact 
that any state, or the people thereof, shall on that day be in 
good faith represented in the Congress of the United States, 
by members chosen thereto at elections wherein a majority 
of the qualified voters of such states shall have participated, 
shall, in the absence of strong countervailing testimony, be 
deemed conclusive evidence that such state, and the people 
thereof, are not then "in rebellion against the United States." 

Now, therefore, I, Abraham Lincoln, President of the 
United States, by virtue of the power in me vested as com- 
mander-in-chief of the army and navy of the United States, 
in time of actual armed rebellion against the authority and 
Government of the United States, and as a fit and necessary 
war measure for suppressing said rebellion, do, on this first 
day of January, in the year of our Lord one thousand eight 
hundred and sixty-three, and in accordance with my pur- 
pose so to do, publicly proclaimed for the full period of one 
hundred days from the day first above mentioned, order and 
designate as the states and parts of states wherein the peo- 
ple thereof, respectively, are this day in rebellion against 
the United States, the following, to wit: 

Arkansas, Texas, Louisiana, (except the parishes of St. 
Bernard, Plaquemines, Jefferson, St. John, St. Charles, St. 
James, Ascension, Assumption, Terre Bonne, Lafourche, 
St. Mary, St. Martin, and Orleans, including the city of 
New Orleans,) Mississippi, Alabama, Florida, Georgia, 
South Carolina, North Carolina, and Virginia, (except the 
forty-eight counties designated as West Virginia, and also 
the counties of Berkeley, Accomac, Northampton, Elizabeth 
City, York( Princess Ann, and Norfolk, including the cities 
of Norfolk and Portsmouth,) and which excepted parts are 
for the present left precisely as if this proclamation were 
not issued. 

And by virtue of the power and for the purpose aforesaid, 
I do order and declare that all persons held as slaves within 
said designated states andparts of states are, and hencefor- 
ward shall be, free ; and that the Executive Government of 
the United States, including the military and naval author- 
ities thereof, will recognize and maintain the freedom of 
said persons. 



Resumption of Specie Payment, 1875. 37 

And I hereby enjoin upon the people so declared to be 
free to abstain from all violence, unless in necessary self- 
defence ; and I recommend to them that, in all cases when 
allowed, they labor faithfully for reasonable wages. 

And I further declare and make known that such per- 
sons, of suitable condition, will be received into the armed 
service of the United States to garrison forts, positions, 
stations, and other places, and to man vessels of all sorts in 
said service. 

And upon this act, sincerely believed to be an act of jus- 
tice, warranted by the Constitution upon military necessity, 
I invoke the considerate judgment of mankind and the 
gracious favor of Almighty God. 



Resumption of Specie Payment, January 14, .1875. 

The financial panic and business failures in 1873 led to the in- 
troduction in Congress of numerous bills relating to banks and cur- 
rency. The "Inflation Bill" declaring for $400,000,000 in greenbacks 
was vetoed by President Grant. The Specie Resumption Act Jan- 
uary 14, 1875, received his signature. 

An Act to Provide for the Resumption of Specie Payments. 

Be it enacted by the Senate and House of Representatives 
of the United States of America in Congress assembled, 
That the Secretary of the Treasury is hereby authorized 
and required, as rapidly as practicable, to cause to be coined, 
at the mints of the United States, silver coins of the denom- 
inations of ten, twenty-five, and fifty cents, of standard 
value, and to issue them in redemption of an equal number 
and amount of fractional currency of similar denominations, 
or, at his discretion, he may issue such silver coins through 
the mints, the sub-treasuries, public depositaries, and post- 
ofifices of the United States ; and, upon such issue, he is 
hereby authorized and required to redeem an equal amount 
of such fractional currency, until the whole amount of such 
fractional currency outstanding shall be redeemed. 

Sec. 2. That so much of section three thousand five hun- 
dred and twenty-four of the Revised Statutes of the United 
States as provides for a charge of one-fifth of one per cent- 
um for concerting standard gold bullion into coin is hereby 
repealed ; and hereafter no charge shall be made for that 
service. 



38 Resumption of Specie Payment, 1875. 

Sec. 3. That section five thousand one hundred and sev- 
enty-seven of the Revised Statutes, Hmiting the aggregate 
amount of circulating notes of national banking associations 
be, and is hereby, repealed ; and each existing banking asso- 
ciation may increase its circulating notes in accordance with 
existing law without respect to said aggregate limit ; and 
new banking associations may be organized in accordance 
with existing law without respect to said aggregate limit ; 
and the provisions of law for the withdrawal and redistribu- 
tion of national bank currency among the several States and 
Territories are hereby repealed. And whenever, and so 
often, as circulating notes shall be issued to any such bank- 
ing association, so increasing its capital or circulating notes, 
or so newly organized as aforesaid, it shall be the duty of 
Secretary of the Treasury to redeem the legal-tender United 
States notes in excess only of three hundred million of dol- 
lars, to the amount of eighty per centum of the sum of na- 
tional-bank notes so issued to any such banking association 
as aforesaid and to continue such redemption as such cir- 
culating notes are issued until there shall be outstanding the 
sum of three hundred million dollars of such legal-tender 
United States notes, and no more. And on and after the 
first day of January, anno Domini, eighteen hundred and 
seventy-nine, the Secretary of the Treasury shall redeem, in 
coin, the United States legal-tender notes then outstanding, 
on their presentation for redemption at the office of the as- 
sistant treasurer of the United States in the city of New 
York, in sums of not less than fifty dollars. And to enable 
the Secretary of the Treasury to prepare and provide for 
the redemption in this act authorized or required, he is au- 
thorized to use any surplus revenues, from time to time, in 
the Treasury not otherwise appropriated, and to issue, sell 
and dispose of, at not less than par, in coin, either of the 
descriptions of bonds of the United States described in the 
act of Congress approved July fourteenth, eighteen hundred 
and seventy, entitled "An act to authorize the refunding of 
the national debt," with like qualities, privileges, and exemp- 
tions, to the extent necessary to carry this act into full effect, 
and to use the proceeds thereof for the purposes aforesaid. 
And all provisions of law inconsistent with the provisions of 
this act are hereby repealed. 



Bland-Allison Act, 1878. 39 

Bland-Allison Act, February 28, 1878. 

Richard P. Bland of Missouri, on December 13, 1876, introduced 
a bill in the House to provide for the free and unlimited coinage of 
silver dollars, which was passed the same day. The bill was amend- 
ed in the Senate under the leadership of Wm. B. Allison of Iowa, 
Sections 2, 3, the provisos of Section i, were edded by the Senate, 
and the "free and unlimited coinage" clause was changed so as to 
provide for the purchase by the government of a limited amount 
of silver bullion, which was to be coined into silver dollars. The 
House concurred in the Senate amendment. President Hayes ve- 
toed the bill, but Congress repassed it over his vetoe. The coinage 
provision of the Act was repealed by Section 5 of the Act of July 
14, 1890. 378,166,193 Silver dollars were coined under this act. 
The purchase value of the bullion was $308,729,000, yielding a seign- 
iorage of nearly $70,000,000, which was turned into the U. S. Treas- 
ury. 

An Act to Authorize the Coinage of the Standard Silver 
Dollar, and to Restore its Legal-Tender Character. 
Be it enacted by the Senate and House of Representatives 
of the United States of America in Congress assembled. 
That there shall be coined, at the several mints of the Uni- 
ted States, silver dollars of the weights of four hundred and 
twelve and a half grains troy of standard silver, as pro- 
vided in the act of January eighteenth, eighteen hundred 
thirty-seven, on which shall be the devices and superscrip- 
tions provided by said act ; which coins together with all 
silver dollars heretofore coined by the United States, of 
like weight and fineness, shall be a legal tender at their nom- 
inal value, for all debts and dues public and private, except 
where otherwise expressly stipulated in the contract. And 
the Secretary of the Treasury is authorized and directed to 
purchase, from time to time, silver bullion, at the market 
price thereof, not less than two millions dollars worth per 
month, nor more than four million dollars worth per month, 
nor more than four million dollars worth per month, and 
cause the same to be coined monthly, as fast as so purchas- 
ed, into such dollars ; and a sum sufficient to carry out the 
foregoing provision of this act is hereby appropriated out 
of any money in the Treasury not otherwise appropriated. 
And any gain or seigniorage arising from this coinage 
shall be accounted for and paid into the Treasury, as pro- 
vided imder existing laws relative to the subsidiary coinage : 
Provided, That the amount of money at any one time in- 
vested in such silver bullion, exclusive of such resulting coin, 



40 Silver Purchase Act, 1890. 

shall not exceed five million dollars: And provided further, 
That nothing in this act shall be construed to authorize the 
payment in silver of certificates of deposit issued under the 
provisions of section two hundred and fifty-four of the Re- 
vised Statutes. 

Section 2 Provides for a conference with other nations for the 
establishment of an international ratis of gold and silver. 

Sec. 3. That any holder of the coin authorized by this 
act may deposit the same with the Treasurer or any assist- 
ant treasurer of the United States, in sums not less than ten 
dollars, and receive therefor certificates of not less than ten 
dollars each, corresponding with the denominations of the 
United States notes. The coin deposited in the Treasury 
for the payment of the same on demand. Said certificates 
shall be receivable for customs, taxes, and all public dues, 
and, when so received, may be reissued. 

Sec. 4. All acts and parts of acts inconsistent with the 
provisions of this are herebv repealed. 

SAM J. RANDALL, 
Speaker of the House of Representatives. 
W. A. WHEELER, 
Jlce-President of the United States and 

President of the Senate. 



Silver Purchase Act, July 14, 1890. 

The agitation for free and unlimited coinage of silver continued. 
Financial bills were introduced in both the House and Senate. The 
latter passed a free and unlimited coinage bill June 17, 1890, which 
was rejected by the House June 25, A conference committee set- 
tled the form of the bill, which was passed and became known as 
the Sherman Act. 168,674.682 ounces of silver bullion were pur- 
chased by the government under the provisions of this Act. It was 
repealed November i, 1893. 

An Act Directing the Purchase of Silver Bullion and the 
issue of Treasury Notes Thereon, and for Other Purposes. 
Be it enacted by the Senate and House of Representatives 
of the United States of America in Cojigress Asseinbled, 
That the Secretary of the Treasury is hereby directed to 
purchase, from time to time, silver bullion to the aggregate 
amoimt of four million five hundred thousand ounces, or so 
much thereof, as mav be offered in each month, at the 



Silver Purchase Act, 1890. 41 

market price thereof, not exceeding one dollar for three 
hundred and seventy-one and twenty-five hundredths grains 
of pure silver, and to issue in payment for such purchases 
of silver bullion Treasury notes of the United States to be 
prepared by the Secretary of the Treasury, in such form 
and of such denominations, not less than one dollar nor more 
than one thousand dollars, as he may prescribe, and a sum* 
sufficient to carry into effect the provisions of this act is 
hereby appropriated out of any money in the Treasury not 
otherwise appropriated. 

Sec. 2. That the Treasury notes issued in accordance 
with the provisions of this act shall be redeemable on de- 
mand, in coin, at the Treasury of the United States, or at 
the office of any assistant treasurer of the United States, and 
when so redeemed may be reissued ; but no greater or less 
amount of such notes shall be outstanding at any time than 
the cost of the silver bullion and the standard silver dollars 
coined therefrom, then held in the Treasury purchased by 
such notes ; and such Treasury notes shall be a legal tender 
in payment of all debts, public and private, except where 
otherwise expressly stipulated in the contract, and shall be 
receivable for customs, taxes, and all public dues, and when 
so received may be reissued ; and such notes, when held by 
any national banking association, may be counted as a part 
of its lawful reserve. That upon demand of the holder of 
any of the Treasury notes herein provided for the Secretary 
of the Treasury shall, under such regulations as he may pre- 
scribe, redeem such notes in gold or silver coin, at his dis- 
cretion, it being the established policy of the United States 
to maintain the two metals on a parity with each other upon 
the present legal ratio, or such ratio as may be provided by 
law. 

Sec. 3. That the Secretary of the Treasury shall each 
month coin two million ounces of the silver bullion pur- 
chased under the provisions of this act into standard silver 
dollars until the first day of July eighteen hundred and 
ninety-one, and after that time he shall coin of the silver 
bullion purchased under the provisions of this act as much 
as may be necessary to provide for the redemption of the 
Treasury notes herein provided for, and any gain or seign- 
iorage arising from each coinage shall be accounted for and 
paid into the Treasury. 



42 CoixXAGE Law, 1900. 

Sec. 4. That the silver bulUon purchased under the pro- 
visions of this act shall be subject to the requirements of 
existing law and the regulations of the mint service govern- 
ing the methods of determining the amount of pure silver 
contained, and the amount of charges or deductions, if any, 
to be made. 

Sec. 5. That so much of the act of February twenty- 
eighth, eighteen hundred and seventy-eight, entitled "An 
act to authorize the coinage of the standard silver dollar and 
to restore its legal-tender character," as requires the month- 
ly purchase and coinage of the same into silver dollars of 
not less than two million dollars, nor more than four million 
dollars' worth of silver bullion, is hereby repealed. 

Section 6 Provides Redemption of National Bank Notes to be 
made from general fund in treasury, etc. 

*'Sec. T. That this act shall take effect thirty days from 
and after its passage.'' 



Coinage Law, March 14, 1900. 

The Specie Resumption x\ct 1875, required the redemption of U. 
S. Notes (greenbacks) in specie — gold or silver. All Secretaries of 
Treasury, however, redeemed the notes in gold, which made a gold 
standard money measure by practice. The Act which repealed the 
Sherman Act November i, 1893, declared the policy of the govern- 
ment is to maintain the parity of value of gold and silver. The 
silver advocates were very active. The issue between the "free and 
unlimited coinage of silver" and the ''gold standard advocates was 
bitterly contested in State and National elections. The gold stand- 
ard forces were successful. The passage of this act makes the gold 
dollar the standard unit of value, and requires the Secretary of 
treasury to redeem all U. S. notes and treasury notes in gold coin, 
instead of in coin as formally required, and to maintain all money, 
silver and paper, on a parity with gold. 

An Act to define and Hx the standard of ralne, to maintain 
the parity of all forms of money issued or coined by the 
Lhiited States, to refund the public debt, and for other 
purposes. 

Be it enacted by the Senate and House of Representatives 
of the United States of America in Congress assembled, 
That the dollar consisting of twenty-five and eight-tenths 
grains of gold nine-tenths fine, as established by section 
thirtv-five hundred and eleven of the Revised Statutes of 



Coinage Law, 1900. 43 

the United States, shall be the standard unit of value, and 
all forms of money issued at a parity of value with this 
standard, and it shall be the duty of the Secretary of the 
Treasury to maintain such parity. 

Sec. 2. That United States notes, and Treasury notes 
issued under the Act of July fourteenth, eighteen hundred 
and ninety, when presented to the Treasury for redemption 
shall be redeemed in gold coin of the standard fixed in the 
first section of this act, and in order to secure the prompt 
and certain redemption of such notes as herein provided it 
shall be the duty of the Secretary of the Treasury to set 
apart in the Treasury a reserve fund of one hundred and 
fifty million dollars in gold coin and bullion, which fund 
shall be used for such redemption purposes only, and when- 
ever and as often as any of said notes shall be redeemed 
from said fund it shall be the duty of the Secretary of the 
Treasury to use said notes so redeemed to restore and main- 
tain such reserve fund in the manner following, to wit: 
First, by exchanging the notes so redeemed for any gold 
coin in the general fund of the Treasury ; second, by accept- 
ing deposits of gold coin at the Treasury or at any sub- 
treasury in exchange for the United States notes so re- 
deemed ; third, by procuring gold coin by the use of said 
notes, in accordance with the provisions of section thirty- 
seven hundred of the Revised Statutes of the United States. 
If the Secretary of the Treasury is unable to restore and 
maintain the gold coin in the reserve fund by the foregoing 
methods, and the amount of such gold coin and bullion in 
said fund shall at any time fall below one hundred million 
dollars, then it shall be his duty to restore the same to the 
maximum sum of one hundred and fifty million dollars by 
borrowing money on the credit of the United States, and 
for the debt thus incurred to issue and sell coupon or reg- 
istered bonds of the United States, in such form as he may 
prescribe, in denominations of fifty dollars or any multiple 
thereof, bearing interest at the rate of not exceeding three 
per centum per annum, payable quarterly, such bonds to be 
payable at the pleasure of the United States after one year 
from the date of their issue, and to be payable, principal and 
interest, in gold coin of the present standard value, and to 
be exempt from the payment of all taxes or duties of the 
United States, as well as from taxation in any form by or 



44 Coinage Law, 1900. 

under State, municipal, or local authority ; and the gold coin 
received from the sale of said bonds shall first be covered 
into the general fund of the Treasury and then exchanged, 
in the manner hereinbefore provided, for an equal amount 
of the notes redeemed and held for exchange, and the Sec- 
retary of the Treasury may, in his discretion, use said notes 
in exchange for gold, or to purchase or redeem any bonds 
of the United States, or for any other lawful purpose the 
public interests may require, except that they shall not be 
used to meet deficiencies in the current revenues. That 
United States notes when redeemed in accordance with the 
provisions of this section shall be reissued, but shall be held 
in the reserve fund until exchanged for gold, as herein pro- 
vided ; and the gold coin and bullion in the reserve fund, 
together with the redeemed notes held for use as provided 
in this section, shall at no time exceed the maximum sum 
of one hundred and fifty million dollars. 

Sec. '3. That nothing contained in this act shall be con- 
strued to afifect the legal-tender quality as now provided by 
law of the silver dollar, or of any other money coined or 
issued by the United States. 

Sec. 4. That there be established in the Treasury Depart- 
ment, as a part of the ofiice of the Treasurer of the United 
States, divisions to be designated and known as the division 
of issue and the division of redemption, to which shall be 
assigned, respectively, under such regulations as the Secre- 
tary of the Treasury may approve, all records and accounts 
relating to the issue and redemption, to which shall be as- 
signed, respectively, under such regulations as the Secre- 
tary of the Treasury may approve, all records and accounts 
relating to the issue and redemption of United States notes, 
gold certificates, silver certificates, and currency certificates. 
There shall be transferred from the accounts of the general 
fund of the Treasury of the United States, and taken up on 
the books of said divisions, respectively, accounts relating 
to the reserve fund for the redemption of United States 
notes and Treasury notes, the gold coin held against out- 
standing gold certificates, the United States notes held 
against outstanding currency certificates, and the silver dol- 
lars held against outstanding silver certificates, and each of 
the funds represented by these accounts shall be used for 
the redemption of the notes and certificates for which they 



Coinage Law, 1900. 45 

are respectively pledged, and shall be used for no other pur- 
pose, the same being held at trust funds. 

Sec. 5. That it shall be the duty of the Secretary of the 
Treasury, as fast as standard silver dollars are coined under 
the provisions of the acts of July fourteenth, eighteen hun- 
dred and ninety, and June thirteenth, eighteen hundred and 
ninety-eight, from bullion purchased under the act of July 
fourteenth, eighteen hundred and ninety, to retire and cancel 
an equal amount of Treasury notes whenever received into 
the Treasury, either by exchange in accordance with the 
the provisions of this act or in the ordinary course of busi- 
ness, and upon the cancellation of Treasury notes silver 
certificates shall be issued against the silver dollars so 
coined. 

Sec. 6. That the Secretary of the Treasury is hereby au- 
thorized and directed to receive deposits of gold coin with 
the Treasurer or any assistant treasurer of the United 
States in sums of not less than twenty dollars, and to issue 
gold certificates therefor in denominations of not less than 
twenty dollars, and the coin so deposited shall be retained 
in the Treasury and held for the payment of such certificates 
on demand, and used for no other purpose. Such certi- 
ficates shall be receivable for customs, taxes, and all public 
dues, and when so received may be reissued, and when held 
by any national banking association may be counted as a 
part of its lawful reserve : Provided, That whenever and so 
long as the gold coin held in the reserve fund in the Treas- 
ury for the redemption of United States notes and Treas- 
ury notes shall fall and remain below one hundred million 
dollars the authority to issue certificates as herein provided 
shall be suspended: And provided further, That whenever 
and so long as the aggregate amount of United States notes 
and silver certificates in the general fund of the Treasury 
shall exceed sixty million dollars the Secretary of the Treas- 
ury may, in his discretion, suspend the issue of the certi- 
ficates herein provided for: And provided further, That of 
the amount of such outstanding certificates one-fourth at 
least shall be in denominations of fifty dollars or less: And 
provided further. That the Secretary of the Treasury may, 
in his discretion, issue such certificates in denominations of 
ten thousand dollars, payable to order. And section fifty- 



■iG Coinage Law, 1900. 

one hundred and ninety-three of the Revised Statutes of the 
United States is hereby repealed. 

Sec. 7. That hereafter silver certificates shall be issued 
only of denominations of ten dollars and under, except that 
not exceeding in the aggregate ten per centum of the total 
volume of said certificates, in the discretion of the Secretary 
of the Treasury, may be issued in denominations of twenty 
dollars, fifty dollars, and one hundred dollars ; and silver 
certificates of higher denomination than ten dollars, except 
aS herein provided, shall, whenever received at the Treas- 
urv or redeemed, be retired and canceled, and certificates of 
denominations of ten dollars or less shall be substituted 
therefor, and after such substitution, in whole or in part, a 
like volume of United States notes of less denomination 
than ten dollars shall from time to time be retired and can- 
celed, notes of denominations of ten dollars and upward 
shall be reissued in substitution therefor, with like qualities 
and restrictions as those retired and canceled. 

Sec. 8. That the Secretary of the Treasury is hereby 
authorized to use, at his discretion, any silver bullion in the 
Treasury of the United States purchased under the Act of 
July fourteenth, eighteen hundred and ninety, for coinage 
into such denominations of subsidiary silver coin as may be 
necessary to meet the public requirements for such coin: 
.... Whenever any silver bullion purchased under the 
act of July fourteenth, eighteen hundred and ninety, shall 
be used in the coinage of subsidiary silver coin, an amount 
of Treasury notes issued under said act equal to the cost 
of the bullion contained in such coin shall be canceled and 
not reissued. 

Sec. 9. That the Secretary of the Treasury is hereby au- 
thorized and directed to cause all worn and uncurrent sub- 
sidiary silver coin of the United States now in the Treasury 
and hereafter received, to be coined, and to reimburse the 
Treasurer of the United States for the difference between 
the nominal or face value of such coin and the amount the 
same will produce in new coin from any moneys in the 
Treasury not otherwise appropriated. 

Sec. 10.* That section fifty-one hundred and thirty-eight 
of the Revised Statutes is hereby amended so as to read as 
follows : 

"Section 5138. No association shall be organized with a 



Coinage Law, 1900. 47 

less capital than one hundred thousand dollars, except that 
banks with a capital of not less than fifty thousand dollars, 
may, with the approval of the Secretary of the Treasury. 
be organized in any place the population of which does not 
exceed six thousand inhabitants, and except that banks with 
a capital of not less than twenty-five thousand dollars may, 
with the sanction of the Secretary of the Treasury, be or- 
ganized in any place the population of which does not ex- 
ceed three thousand inhabitants. No association shall be 
organized in a city the population of which exceeds fifty 
thousand persons with a capital of less than two hundred 
thousand dollars." 

^ ;}: jK >!i ^i^ * * 

Sec. 12. That upon the deposit with the Treasurer of the 
United States, by any national banking association, of any 
bonds of the United States in the manner provided by exist- 
ing law, such association shall be entitled to receive from 
the Comptroller of the Currency circulating notes in blank, 
registered and countersigned as provided by law, equal in 
amount to the par value of the bonds so deposited ; and any 
national banking association now having bonds on deposit 
for the security of circulating notes, and upon which an 
amount of circulating notes has been issued less than the 
par value of the bonds, shall be entitled, upon due applica- 
tion to the Comptroller of the Currency, to receive addi- 
tional circulating notes in blank to an amount which will 
increase the circulating notes held by such association to 
the par value of the bonds deposited, such additional notes 
to be held and treated in the same way as circulating notes 
of national banking associations heretofore issued, and 
subject to all the provisions of law afifecting such notes: 
Provided, That nothing herein contained shall be construed 
to modify or repeal the provisions of section fifty-one hun- 
dred and sixty-seven of the Revised Statutes of the United 
States, authorizing the Comptroller of the Currency to re- 
quire additional deposits of bonds or of lawful money in 
case the market value of the bonds held to secure the cir- 
culating notes shall fall below the par value of the circulat- 
ing notes outstanding for which such bonds may be deposit- 
ed as security: And provided further, That the circulating 
notes furnished to national banking associations under the 
provisions of this act shall be of the denominations pre- 



48 Coinage Law, 1900. 

scribed by law, except that no national banking^ association 
shall, after the passage of this act, be entitled to receive 
from the Comptroller of the Currency, or to issue or re- 
issue or place in circulation, more than one-third in amount 
of its circulating notes of the denomination of five dollars : 
A)id provided further, That the total amount of such notes 
issued to any such association may equal at any time but 
shall not exceed the amount at such time of its capital stock 
actually paid in : . . . . 

Sec. 13. That every national banking association having 
on deposit, as provided by law, bonds of the United States 
bearing interest at the rate of two per centum per annum, 
issued under the provisions of this act, to secure its circulat- 
ing notes, shall pay to the Treasurer of the United States, 
in the months of January and July, a tax of one- fourth of 
one per centum each half year upon the average amount of 
such of its notes in circulation as are based upon the deposit 
of said two per centum bonds ; and such taxes shall be in 
lieu of existing taxes on its notes in circulation imposed by 
section fifty-two hundred and fourteen of the Revised 
Statutes. 

Sec. 14. That the provisions of this act are not intended 
to preclude the accomplishment of international bimetal- 
lism whenever conditions shall make it expedient and prac- 
ticable to secure the same by concurrent action of the lead- 
ing commercial nations of the world and at a ratio which 
shall insure permanence of relative value between gold and 
silver. 

Approved, March 14, 1900. 



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